§ 11-40-104 — Fiscal year - closing dates - net earnings

(1) Each domestic
savings and loan association shall have such fiscal year as may be fixed from time
to time by resolution of its board of directors, but the fiscal years of all such
associations shall be fixed so as to end as of the last day of a calendar month. Every
domestic savings and loan association shall close its books at least once annually
as of the close of business on the last day of its fiscal year and may close its books
at such other time as may be fixed by resolution of its board of directors. Any
reference in this section or elsewhere in articles 40 to 46 of this title to the closing
date of an association means the date fixed for the closing of its books as provided
in this section. The books and records of every association shall reflect all the
accrued liabilities on the above dates.

(2) The net earnings of each period ending on a closing date fixed as
provided in this section shall be determined by deducting from gross income of
such periods operating and nonoperating expenses and dividends and interest paid
to shareholders or depositors. Expenses shall include:

(a) Charges for estimated depreciation and obsolescence of home office
building and furniture and fixtures, with contra credits to a depreciation reserve
account;

(b) Charges for all losses actually sustained during such periods from the
sale of securities, real estate, or other assets or such portion of such losses as have
not been charged to reserves pursuant to the provisions of section 11-42-111.

(3) The remaining balance of gross income thus arrived at is the association's
net income and shall be available for dividends on permanent stock or be credited
to general reserve accounts or the undivided profits account in a manner as
provided in section 11-42-111. Provision may be made for an undivided profits
account not to exceed five percent of invested capital, unless an excess amount is
approved by the commissioner.

(4) No income shall be considered as earned until collected; except that
interest due and unpaid may be accrued for a period of not more than six months
and considered as earnings.

Legislative History

Source: L. 33: p. 356, � 12. CSA: C. 25, � 80. CRS 53: � 122-1-4. L. 55: p. 756, � 2. C.R.S. 1963: � 122-1-4. L. 69: p. 1014, � 3. L. 73: p. 1236, �� 1, 2.